You are responsible for all Content that you upload, submit, post, e-mail, or otherwise transmit using the Website or services. Likewise, you are responsible for respecting the rights of SIS and third parties with respect to Content that appears on the Website and you agree not to download, e-mail, or otherwise transmit such Content in violation of SIS’s and third parties’ rights.

You agree not to use the Website or services to:

• Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity.
• Submit, upload, post, e-mail, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, pornographic, tortuous, defamatory, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise offensive.
• Impersonate another person or entity, including without limitation, a representative of SIS or its officers, directors, employees, or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the website or services.
• Submit, upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or continuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.
• Use the Website or services for any purpose or in any manner that violates any local, provincial, or federal law or regulation or the law or regulation of any foreign government.
• Collect or store personal data with respect to third parties except as contemplated by the Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
• Directly or indirectly, intentionally or otherwise disrupt or interfere with the Website or services.
• Submit, upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
• Submit, upload, post, e-mail, or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
• Use any kind of device, code or automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Website to break into any of its servers, to circumvent or overcome the security features of the Website or any other SIS service.
• Collect, copy or transmit any information on the website for commercial purposes except as expressly permitted herein.

In the event you post or submit Content to the website, you grant SIS, its partners, and related organizations, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display, and promote the Content, or any part thereof, with the right to sublicense same, in any and all formats now known or hereinafter used.

You warrant and represent that you own or otherwise control all of the rights in and to the Content, or are otherwise authorized to reproduce and distribute the Content and grant SIS the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your Content by SIS will not infringe or violate the rights of any third party.

This site contains links to sites owned or operated by parties other than SIS. Such links are provided for your convenience only. SIS does not control outside sites and is not responsible for their content. The inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does SIS inclusion of the links imply that SIS is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

The website, including all content and software within the website are provided “as is” and “as available” for your use, and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, title, data accuracy, system integration, or compatibility, uptime, and informational content. SIS and its licensors do not warrant or make any representations regarding the operation of the website, the use, validity, accuracy or reliability of, or the results of the use of the content or the website or any other web websites linked to the website, including but not limited to that the content is accurate, reliable, complete, or correct or that it will meet your needs or requirements; that the website will be available at any particular time or location; or that the content, website and software therein are free of viruses or other harmful components.

The materials on this website may be out of date, and SIS makes no commitment to update the materials or content on the website. SIS does not and cannot guarantee or warrant that the files available for downloading from the website, if any, will be free from infection, viruses, worms, trojan horses, or other code that manifest contaminating or destructive properties. SIS does not warrant that the website, software, or content will be uninterrupted or error-free or that any defects in these websites, software, and content will be corrected. Your use of the website is solely at your risk. No advice or information, whether oral or written, obtained by you from SIS shall create any warranty not expressly stated in these terms. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you, except that SIS’s liability in such jurisdictions shall be limited to the extent permitted by law.

You expressly understand and agree that SIS and its licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, business interruption, or other intangible losses (even if SIS has been advised of the possibility of such damages), arising out of or relating to the use, inability to use, or resulting from the use of the website, any web websites linked to or from the website, the content, software or other information contained in or on the website, whether based on warranty, contract, statute, regulations, tort (including but not limited to, negligence) or any other legal theory. If your use of the website, content, software, or other web websites results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, except that SIS’s liability in such jurisdictions shall be limited to the extent permitted by law.

You agree to defend, indemnify, and hold harmless SIS, its successors and assigns, related or affiliated organizations and licensors; and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Website or violation of these Terms. SIS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with SIS in asserting any available defenses.

SIS may update or change these Terms. If such a change is made, SIS will post the revised Terms on this Website. SIS reserves the right to add to, change, or terminate the services offered on this Website at any time. You understand and agree that SIS may from time to time establish and revise practices and limitations concerning your use of the Website and services offered on the Website. You must periodically review these Terms to remain in compliance with the most current requirements.

SIS reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Cause for such termination shall include, but not be limited to:

1. breaches or violations of the Terms or other incorporated agreements or guidelines,
2. requests by law enforcement or other government agencies,
3. a request by you (self-initiated account deletions),
4. discontinuance or material modification to the Website (or any part thereof),
5. unexpected technical or security issues or problems,
6. extended periods of inactivity,
7. engagement by you in fraudulent or illegal activities,
8. nonpayment of any fees, if any, owed by you in connection with the Website or services offered through the Website, and/or
9. SIS’s sole convenience, without obligation.

You acknowledge, consent and agree that SIS may access, preserve, and disclose your account information and any Content submitted or posted to the Websites if required to do so by law or court order, or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any such Content violates the rights of third parties;
4. respond to your requests for customer service; or
5. protect the rights, property, or personal safety of SIS, its users, and the public.

In order to avoid potential misunderstandings or disputes, SIS does not accept or consider unsolicited ideas or suggestions (“submissions”). If you send submissions to SIS or the website, you automatically grant (or warrant that the owner of the submissions grants) to SIS and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of SIS or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the submissions are waived in favour of SIS and its successors, assigns and licensees.

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Website shall be the court in Victoria British Columbia, and you further agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.

Unless otherwise specified herein, these Terms and the SIS Privacy Policy constitute the entire agreement between you and SIS with respect to your access and use of this Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SIS with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

SIS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SIS in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

This site and the materials within it are © Sustainable Infrastructure Society (SIS) 2021